DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cromford Pipe Holdings Pty Ltd
(AG2019/1040)

CROMFORD PIPE HOLDINGS MOSS VALE ENTERPRISE AGREEMENT 2019 - 2023

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 26 JUNE 2019

Application for approval of the Cromford Pipe Holdings Moss Vale Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Cromford Pipe Holdings Moss Vale Enterprise Agreement 2019-2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Cromford Pipe Holdings Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2019. The nominal expiry date of the Agreement is 25 June 2023.

DEPUTY PRESIDENT

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The applicant, Cromford Pipe Holdings Pty Ltd, sought approval of the Moss Vale Enterprise Agreement 2019-2023, which it had negotiated with a number of unions representing its employees. The applicant argued that the agreement was fair and reasonable and should be approved by the Fair Work Commission. The unions, however, raised concerns about specific provisions of the agreement, particularly those related to casual employment and shift patterns. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the provisions of the agreement were fair and reasonable, taking into account the need for a balance between the interests of the employer and the employees. This involved an assessment of the fairness of the terms and conditions set out in the agreement, particularly in relation to casual employment and shift patterns. The Commission had to consider whether the agreement met the requirements of section 232 of the Fair Work Act 2009, which provides that an enterprise agreement must be fair and reasonable and not be detrimental to the employees or employers.

The Fair Work Commission found that the agreement was fair and reasonable, despite the concerns raised by the unions. It noted that the agreement provided for appropriate protections for casual employees and ensured that employees had a reasonable number of rest periods between shifts. The Commission concluded that the agreement met the requirements of section 232 of the Fair Work Act 2009 and approved the Moss Vale Enterprise Agreement 2019-2023. The Commission's decision was based on a careful consideration of the evidence and arguments presented by both parties, and its conclusion that the agreement was fair and reasonable in all the circumstances.

The Fair Work Commission approved the Moss Vale Enterprise Agreement 2019-2023, subject to certain minor amendments to clarify the operation of some provisions. The applicant was directed to implement the agreement in accordance with the terms of the approval, and the unions were directed to take all necessary steps to ensure that the agreement was properly communicated to their members. The decision of the Commission was final and binding on both parties, and could not be appealed except on limited grounds.

Cromford Pipe Holdings Pty Ltd

DECISION

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